Shortfalls of the legal regulation of labor relations in Ukraine

Kyrychenko, Tamara

doi:10.32849/2663-5313/2020.12.16

Cited by 3 publications

(4 citation statements)

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“…3477-IV (Verkhovna Rada of Ukraine 2006 ) establishes that national courts apply the case law of the European Court of Human Rights as a source of law. However, neither the Labor Code of Ukraine nor other acts of legislation governing labor relations in Ukraine specify the place of this source in the labor law system, its legal force or what part of it is used as a source labor law (Kirichenko 2020 ).…”

Section: Resultsmentioning

confidence: 99%

“…A number of articles related to the research topic were also analyzed, including “Conflicts in law: theoretical and methodological approaches to definition and classification” (Zvonarev 2021 ), “Overcoming legal conflicts is a priority of modern legal science” (Ivanchenko 2018 ), “Modern scientific discourse on the nature of legal conflicts” (Bezusa 2020 ), “Monitoring of legal conflicts and gaps in the legislation of Ukraine” (Onyschuk 2018 ), “Legal defects in the legal provision of the right to freedom of association in public organizations in Ukraine” (Chernyavska 2019 ), “Problems of eliminating the shortcomings of the legal regulation of rule-making subjects of labor law” (Venediktov at. 2019 ), “Problematic aspects of modern law” (Gavrilyuk 2021 ), “Disadvantages of legal regulation of labor relations in Ukraine” (Kirichenko 2020 ), “Problems and gaps in the labor legislation of Ukraine” (Lukash 2018 ), “Codification of labor legislation: theoretical principles and implementation practice” (Zhernakov 2016 ), “Legal analysis of shortcomings in the draft of the new Labor Code of Ukraine” (Erofeenko 2020a , b ), “Principles of the latest concept of legal regulation working hours” (Kostyuk and Yatskevich 2019 ), “Draft Labor Code: positive and negative aspects” (Soroka 2019 ), “Legal analysis of shortcomings in the draft of the new Labor Code of Ukraine” (Erofeenko 2020a , b ).…”

Section: Methodsmentioning

confidence: 99%

“…The problems and gaps in the national labor legislation are the subject of scientific research by such authors as V. V. Zvonarev ( 2021 ), O. Ivanchenko ( 2018 ), Yu. O. Bezusa ( 2020 ), B.V. Chernyavska ( 2019 ) and T. Kirichenko ( 2020 ). The relevance of the chosen research topic lies in the fact that the current legislation governing labor relations is outdated and unbalanced, with problems, shortcomings and gaps, and is simply not suitable for regulating this area in a market economy.…”

Section: Introductionmentioning

confidence: 99%

“…O. Bezusa (2020), B.V. Chernyavska (2019) and T. Kirichenko (2020). The relevance of the chosen research topic lies in the fact that the current legislation governing labor relations is outdated and unbalanced, with problems, shortcomings and gaps, and is simply not suitable for regulating this area in a market economy.…”

Section: Introductionmentioning

confidence: 99%

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Legal Conflicts and Gaps in the Context of Labor Legislation of Ukraine

Maliuha

Zhuravel²,

Shabanova

et al. 2023

Ind. J. Labour Econ.

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In the conditions of the democratization of the Ukrainian state, the reform of labor legislation is an objective necessity, about which there are many discussions. The current labor legislation was developed during the existence of strict legal regulation of labor relations, when state property was their economic basis. The relevance of the chosen research topic lies in the fact that the current legislation regulating labor relations is outdated and unbalanced, has problems, shortcomings, conflicts and gaps, and is simply not suitable for regulating this area in a market economy. The present study used a set of general and special methods of scientific knowledge. The purpose of this study is to establish the nature of problems, shortcomings and gaps in the legal regulation of labor relations in Ukraine, identify some of them and find ways to solve them, and formulate proposals to improve existing labor legislation in our country.

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Section: Resultsmentioning

confidence: 99%

Section: Methodsmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

Section: Introductionmentioning

confidence: 99%

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Legal Conflicts and Gaps in the Context of Labor Legislation of Ukraine

Maliuha

Zhuravel²,

Shabanova

et al. 2023

Ind. J. Labour Econ.

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The current state of legal regulation of labor relations in Ukraine

Bortnyk

2022

VNUAF

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The experts’ point of view regarding the concept of “labor legal relations” has been studied and the author’s definition has been given, which means the volitional, legal relationship between an employee and an employer, arising on the basis of an employment contract, regarding the employee’s performance of work with its payment and ensuring the working conditions necessary for it performance provided for by labor legislation, collective agreement and agreement of the parties. The current state of legal regulation of labor relations has been considered. It is well-founded that the Labor Code of Ukraine has not been adopted to date, therefore the Labor Code of Ukraine should really be the main regulatory legal act that comprehensively regulates all aspects of labor relations. Ensuring this, first of all, will contribute to a clear understanding of the normative material and its quick search. It is noted that today, due to certain circumstances, the Labor Code does not fulfill the role of the main act of labor legislation: firstly, along with the Labor Code, there are traditionally other laws that regulate certain aspects of labor relations, namely the laws of Ukraine “On Labor Payment”, “On vacations”, “On labor protection”; secondly, the norms of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law”, adopted on March 15, 2022, suspended a large number of norms of the Labor Code and established other parameters of working conditions for all employees during the period of martial law. The analysis of the norms of modern national legislation shows that the changes established by the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” worsen the working conditions of employees established by the Labor Code. It has been proven that the introduction of most of these changes is correct in the conditions of martial law, when the country’s economy needs radical transformations and additional resources. The inexpediency of reducing the guarantees established by the Labor Code for women who have a child under the age of three has also been proven, since raising a child is an extremely important social function of women in society and the state. The expediency of introducing wording changes in Articles 8 and 9 of the Law of Ukraine “On the Organization of Labor Relations in the Conditions of Martial Law” from the words “women who have a child under the age of one year” and “of women who have a child under the age of one year” to, respectively, the words “women who have a child under the age of three” and “of women who have a child under three years of age” has been grounded in the article.

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Centralized and local legal regulation of labor relations: problems of correlation and development

Venediktov

Melnyk

2023

VNUAF

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The current state of centralized and local legal regulation of labor relations in Ukraine has been studied and its shortcomings have been identified. The points of view of scientists regarding the essence of centralized and local legal regulation of labor relations have been analyzed. It has been indicated that Ukraine, positioning itself as a social, legal state and a future member of the European Union, should centrally establish social standards in the field of labor that correspond to those adopted in the European Union, while not reducing the existing level of existing social guarantees, as well as ensure them proper implementation and protection. Centralized legal regulation of labor relations in Ukraine should be based on a modern codified normative legal act, which will ensure a full-fledged comprehensive regulation of labor relations, implementation and protection of the rights of employees, compliance with the interests of employers, and also contribute to the development of local rulemaking. It has been justified that the focus on the protection of the employee's rights should continue to be the conceptual line of the centralized legal regulation of labor relations. The idea of balancing the interests of the employee and the employer is acceptable under certain conditions at the local level when concluding collective agreements, where it takes the form of a compromise. Here, balancing the interests of employees and employers can exist to the extent permitted by labor law. Attention has been drawn to the fact that modernity requires ensuring the development of collective contractual regulation of labor relations. The collective agreement, as the main local regulatory act in the field of labor, should comprehensively regulate labor relations within a specific enterprise, institution, organization or individual who uses hired labor. The conclusion of a collective agreement involves the search for a compromise between the employees and the employer in the process of establishing working and rest conditions. The collective agreement must provide for the mechanisms for fulfilling the established obligations and take into account the financial capabilities of the employer, which will make it a real and effective means of legal regulation of labor relations. It has been proposed to supplement Art. 11 of the Law of Ukraine “On the Organization of Labor Relations in Martial Law” part 2 with the following content: “During the period of martial law, it is not allowed to suspend the provisions of the collective agreement regarding wages, labor protection, medical care, ensuring equal rights and opportunities for women and men , measures aimed at preventing, countering and stopping mobbing (harassment), prohibition of discrimination”.

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Shortfalls of the legal regulation of labor relations in Ukraine

Cited by 3 publications

References 0 publications

Legal Conflicts and Gaps in the Context of Labor Legislation of Ukraine

Legal Conflicts and Gaps in the Context of Labor Legislation of Ukraine

The current state of legal regulation of labor relations in Ukraine

Centralized and local legal regulation of labor relations: problems of correlation and development

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